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Reliant Blog

Are Insurance Companies Changing Claim Dispute Resolution Options and Forcing Litigation?

3/4/2025

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When your property is damaged, you believe you are protected and covered by your insurance policy. All you want is to restore your property as it was before and do it as quickly as possible.
 
Through the years, we have witnessed insurance companies implementing changes and limiting or excluding not only needed coverages, but also your options when it comes to resolving a claim dispute.

Importance Of Documenting Damage
A Public Adjuster plays an important role in your property damage claim. They represent and advocate for you as the policyholder, just like an independent or company adjuster represents the insurance company.An experienced public adjuster will work to properly assess and document your property damage, take detailed photographs, and prepare a detailed cost estimate to repair or replace the damaged property. They will attend all inspections and prepare the necessary forms for submission on your behalf.
 
Claim Dispute Resolution Options
Often when the insurance company issues an “undisputed claim payment”, there may still be unresolved damages not accounted for by the insurance company, or they simply refuse to properly settle your claim.
 
Appraisal
Throughout the years, there have been many changes to coverages, but also to your options when there is a claim dispute.
 
The appraisal process has always been a professional means to resolve claim disputes and either party could demand appraisal. 
 
A policyholder would appoint their appraiser, the carrier would appoint their appraiser, and both appraisers would agree on a mutual umpire and the process would move forward.  Once resolved, the signed appraisal award would be a binding settlement.
 
Insurance companies have changed the appraisal language in their policies and many now must agree to participate in the appraisal process.  Some carriers are including specific language which limits the process, making it almost impossible for the policyholder to comply.
 
Mediation
Mediation can also be a means of resolving a disputed claim, but it is not binding unless an agreement can be reached and settled between both parties.
 
For this reason and because of the changes to the appraisal language, it seems as though the insurance companies are leaving the policyholder no choice but to litigate. 

 
Litigation Or Repair Your Property
Before legislative changes were made to remove one way attorney’s fees, litigation was an option for policyholders if their claim could not be resolved, and the insurance company would be responsible to pay the policyholder’s attorney’s fees during a claim dispute.
 
This became a costly expense for insurance companies.  Now it is the responsibility of policyholders who must now incur their own litigation costs.
 
Coming out of pocket for litigation costs is a costly option for any policyholder, especially when you need to repair your property.
 
Depending on the unresolved amount of your claim, and the costs it would take to litigate your claim, it may not make sense to litigate but just to repair your property.
 
Our skilled professionals have outstanding customer service and treat every client’s claim as if it were our own. We are by your side every step of the way. You don’t need to navigate the claim process alone. Reliant is here to help. Contact us today for a free consultation.

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    Karen Schiffmiller

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